Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g) -- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
Criminal Procedure Code, 1973, Section 190 -- Cognizance of offence - Metropolitan Magistrate cannot examine whether discretion of I.O to arrest or not to arrest accused, has been properly exercised - He is only concerned with charge sheet - He may return charge sheet if he finds that investigation is not complete, or charge sheet is not borne out from evidence collected..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Rape case - Prosecutrix not supported prosecution case - Eight PWs yet to be examined - Petitioner is in custody since 03.01.2017 - Trial not likely to conclude in near future - No allegations on behalf of State..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa) -- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
Criminal Procedure Code, 1973, Section 438(2), Indian Penal Code, 1860, Section 498A, 406 -- Anticipatory bail - Imposition of a condition to produce bank guarantee of Rs.20 lacs - Condition is onerous and thus deleted...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 306 -- Summoning of additional accused - Offence u/s 306 IPC - No evidence on record till now that petitioners, on any particular date, time and place harassed the deceased - General allegations against petitioners were levelled by wife of deceased - Mere fact that complainant gave statement to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364, 364A, 368, 302, 147, 148, 342, 324, 201, 120B -- Bail - Kidnapping and murder - Case of both the accused not distinguishable from co-accused, who is already enlarged on bail - Both the accused are not named in the FIR and no incriminating material is recovered from them - Inconsistencies were..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Criminal Procedure Code, 1973, Section 395 -- Reference to High Court - Power of Metropolitan Magistrate (MM) to grant bail in case of offence punishable Life imprisonment - MM has power to release on bail a person accused of commission if a no, bailable offence subject, however, to conditions in S.437(1)(i)(ii) Cr.P.C. - Reference disposed of...........
